Magoric v. Little

• Decision Date: 25 November 1885
• Parties: MAGORIC v. LITTLE, Receiver, etc.
• Court: U.S. District Court — Southern District of New York

25 F. 627

MAGORIC v. LITTLE, Receiver, etc.

United States Circuit Court, S.D. New York.

November 25, 1885

L. A Fuller, for plaintiff.

De Forest & Weeks, for defendant.

WHEELER J.

From the pleadings and proofs it appears that the defendant is receiver and has control of a ferry for passengers and teams from the foot of Liberty street, in New York, to the depot of the railroad, in Jersey City, as well as of the railroad that there are doors for teams to pass out of the ferry-house, from the ferry to the street, to the right and to the left of the doors for the exit of passengers on the Jersey City side of the river, and that the passage to the right leads to the left to the street, and to the right, to the tracks of the railroad; that the passage to the right is left open for express wagons to go to the tracks to reach express cars; that the plaintiff and his wife were riding with her son in his wagon, driven by him, and were intending to cross the Courtlandt-street ferry to go with him from New York to Bloomfield; that by mistake they took the defendant's ferry, and undertook to drive out of the ferry-house at Jersey City at the passenger exit, and were directed by a watchman in charge to go out at the other door to the right; that they drove out at the door to the right, as directed; that it was very dark out there, and there was no one to direct where to go, and they took the passage for express wagons and followed that until they reached the tracks, and in undertaking to cross them were caught and held in a switch; that at that time a train was backing down without warning and struck them injuring the plaintiff severely, and injuring the horse and wagon of the step-son, which were of the value of about $200 so that they were nearly or quite a total loss; that the step-son made claim for damages of the defendant, who caused the injury to him and to the plaintiff to be investigated; that the defendant denied legal liability for the damages, but finally agreed to pay the step-son $200 for his damages if he would procure the plaintiff to release his claim for damages for $100; that the step-son was very desirous of procuring his $200, and importuned the plaintiff, while he was weak in body and mind, and suffering from the injury, to accept the $100, and, by persuading him to believe that he would never get any more, and perhaps not anything unless he took that, procured him to accept that and execute a very formal and full release of all...